Imagine a situation where someone convicted of a serious crime involving a minor manages to become a parent through surrogacy.
Sounds troubling, right? That’s exactly what has ignited a fierce debate in Pennsylvania after a convicted teacher was revealed to have a baby with his husband via a surrogate.
The story has raised big questions about how state laws handle surrogacy and child protection.
The Case That Sparked Outrage Across Pennsylvania
Brandon Riley-Mitchell, 39, once taught chemistry at Downingtown West High School.
Back in 2016, he was convicted of sexually abusing a 16-year-old student and possessing child pornography.
Reports say their inappropriate relationship happened between 2013 and 2014, involving thousands of texts with explicit images and videos.
Although Riley-Mitchell served three months in jail and was placed on the sex offenders registry, Pennsylvania law stops registered sex offenders from adopting or fostering children—but there’s no rule preventing them from becoming parents through surrogacy.
A Baby, A Surrogate, and a Legal Grey Area
Recently, a video went viral showing Riley-Mitchell and his husband with their infant son, celebrating his birthday.
This sparked widespread outrage and pushed people to question how this could happen.
Surrogacy and adoption lawyer Stuart Sacks told The Philadelphia Inquirer that the absence of clear laws around surrogacy for sex offenders might be the loophole here.
The couple had been raising funds since 2023 to afford a gestational surrogate, and after three years, a family friend stepped in as their surrogate after passing all required medical and social checks.
Calls for Change and Child Protection Laws
The public reaction was swift and fierce. Thousands signed a petition demanding that the child be removed from Riley-Mitchell’s custody and that Pennsylvania close any legal gaps allowing sex offenders to become parents via surrogacy.
The petition urged Governor Josh Shapiro, the Pennsylvania Department of Human Services, and lawmakers to investigate and act immediately to protect children born through these methods.
Riley-Mitchell’s Former Lawyer Defends His Client
Peter Kratsa, who represented Riley-Mitchell during his criminal case, argued the former teacher didn’t break any laws or act unethically in becoming a parent through surrogacy.
He also pointed out that Riley-Mitchell had taken responsibility for his past, completed his sentence, and undergone extensive counseling.
Kratsa suggested critics should focus more on those who avoid punishment for child abuse, rather than someone who has served their time and sought rehabilitation.
Political Response and Proposed Legislation
In response, Republican Representative Aaron Bernstine announced plans for a bill to prevent sex offenders from becoming parents through surrogacy.
His proposed law would require background checks and child abuse clearances for surrogacy arrangements—just like those required for adoption.
Bernstine emphasized that this is about protecting children, not politics, and criticized the current “pre-birth order” system that grants legal parentage before the child is born without proper oversight.
Officials Acknowledge the Need for Legislative Review
York County District Attorney Tim Barker expressed understanding of the public’s concern, saying this loophole allows sex offenders to become parents through surrogacy without the rigorous scrutiny adoption processes require.
Though no laws were broken, Barker said the situation calls for urgent legislative action in Pennsylvania to better safeguard children and prevent similar cases in the future.
What’s Next for Surrogacy Laws and Child Protection?
This case has opened a tough conversation about balancing reproductive rights and child safety, especially in cases involving individuals with serious criminal histories.
As the petition grows and lawmakers weigh new bills, Pennsylvania may soon see changes that tighten regulations around surrogacy and protect children from falling through legal cracks.
Imagine a situation where someone convicted of a serious crime involving a minor manages to become a parent through surrogacy.
Sounds troubling, right? That’s exactly what has ignited a fierce debate in Pennsylvania after a convicted teacher was revealed to have a baby with his husband via a surrogate.
The story has raised big questions about how state laws handle surrogacy and child protection.
The Case That Sparked Outrage Across Pennsylvania
Brandon Riley-Mitchell, 39, once taught chemistry at Downingtown West High School.
Back in 2016, he was convicted of sexually abusing a 16-year-old student and possessing child pornography.
Reports say their inappropriate relationship happened between 2013 and 2014, involving thousands of texts with explicit images and videos.
Although Riley-Mitchell served three months in jail and was placed on the sex offenders registry, Pennsylvania law stops registered sex offenders from adopting or fostering children—but there’s no rule preventing them from becoming parents through surrogacy.
A Baby, A Surrogate, and a Legal Grey Area
Recently, a video went viral showing Riley-Mitchell and his husband with their infant son, celebrating his birthday.
This sparked widespread outrage and pushed people to question how this could happen.
Surrogacy and adoption lawyer Stuart Sacks told The Philadelphia Inquirer that the absence of clear laws around surrogacy for sex offenders might be the loophole here.
The couple had been raising funds since 2023 to afford a gestational surrogate, and after three years, a family friend stepped in as their surrogate after passing all required medical and social checks.
Calls for Change and Child Protection Laws
The public reaction was swift and fierce. Thousands signed a petition demanding that the child be removed from Riley-Mitchell’s custody and that Pennsylvania close any legal gaps allowing sex offenders to become parents via surrogacy.
The petition urged Governor Josh Shapiro, the Pennsylvania Department of Human Services, and lawmakers to investigate and act immediately to protect children born through these methods.
Riley-Mitchell’s Former Lawyer Defends His Client
Peter Kratsa, who represented Riley-Mitchell during his criminal case, argued the former teacher didn’t break any laws or act unethically in becoming a parent through surrogacy.
He also pointed out that Riley-Mitchell had taken responsibility for his past, completed his sentence, and undergone extensive counseling.
Kratsa suggested critics should focus more on those who avoid punishment for child abuse, rather than someone who has served their time and sought rehabilitation.
Political Response and Proposed Legislation
In response, Republican Representative Aaron Bernstine announced plans for a bill to prevent sex offenders from becoming parents through surrogacy.
His proposed law would require background checks and child abuse clearances for surrogacy arrangements—just like those required for adoption.
Bernstine emphasized that this is about protecting children, not politics, and criticized the current “pre-birth order” system that grants legal parentage before the child is born without proper oversight.
Officials Acknowledge the Need for Legislative Review
York County District Attorney Tim Barker expressed understanding of the public’s concern, saying this loophole allows sex offenders to become parents through surrogacy without the rigorous scrutiny adoption processes require.
Though no laws were broken, Barker said the situation calls for urgent legislative action in Pennsylvania to better safeguard children and prevent similar cases in the future.
What’s Next for Surrogacy Laws and Child Protection?
This case has opened a tough conversation about balancing reproductive rights and child safety, especially in cases involving individuals with serious criminal histories.
As the petition grows and lawmakers weigh new bills, Pennsylvania may soon see changes that tighten regulations around surrogacy and protect children from falling through legal cracks.